Wrongful Death Claim Legal Assisstance

 We Can Help If You Have Lost a Loved One

There isn’t any amount of money that can sooth the emptiness and troubles families endure when a loved one is taken as a result of a fatal accident. Obtaining wrongful death damages is a very complicated and convoluted process which requires assistance from a lawyer.

The law allows family members to be compensated for their losses in cases of wrongful death. The compensation sought will include a claim for the loss of income that the surviving members of the family have suffered as a result. Our wrongful death lawyers seek to minimize the stress of making a claim during an already very difficult time. In doing so, we will investigate all the factors of the claim and attempt negotiating with insurance companies on your behalf.

You may still be deeply in the grieving process, but you should still contact a lawyer as soon as you become aware that the death may have been wrongful. There are strict limitations on advancing a lawsuit; two years from the date of the death.

If you lost a loved one in a motor vehicle accident or as a result of some other type of personal injury, contact Bernstein Law Group for a free consultation to discuss your case.

Wrongful Death Claim

A wrongful death claim arises when a person’s death occurs due to the negligence or misconduct of another party. In Ontario, these claims are meant to compensate family members for the profound financial and emotional losses that follow the death of a loved one.

When someone dies due to another party’s actions or inactions, the law provides a path to accountability through a wrongful death action.

Personal Injury and Wrongful Death

Personal injury and wrongful death claims are closely connected. In many cases, a wrongful death claim in Ontario stems from an incident that would otherwise have been a personal injury case had the person survived.

Personal injury lawyers handling these matters understand how the impact on the family extends beyond financial loss and includes emotional suffering, loss of companionship, and loss of guidance.

Common Causes of Wrongful Death

Common causes of wrongful death include motor vehicle accidents, medical malpractice, unsafe premises, workplace incidents, and other situations where someone dies due to negligence or misconduct of another. Causes of wrongful death include events where another party failed to act reasonably, leading to tragic consequences.

Negligence and Negligence or Misconduct

Negligence is central to proving wrongful death. A wrongful death case requires showing that the deceased person’s death occurred due to someone else’s negligence or a negligent act.

This may involve showing that another party breached a duty of care, that the breach caused the death, and that damages resulted. Proving wrongful death can be complex, particularly where multiple parties or insurers are involved.

Wrongful Death Case and Legal Process

Navigating a wrongful death case involves a structured legal process. After filing a wrongful death claim, evidence is gathered, liability is assessed, and damages are evaluated. A claim is filed on behalf of surviving family members, often under the Family Law Act, which allows recovery for certain losses arising from the death of a loved one.

Compensation and Damage

Compensation in wrongful death claims is meant to compensate family members for financial and emotional losses. This may include medical and funeral expenses, loss of income, loss of services, loss of companionship, and financial support the deceased would have provided.

These damages are meant to provide surviving family members with stability following the loss of your loved one.

Settlement and Wrongful Death Settlements

Many wrongful death lawsuits resolve through settlement rather than trial. Wrongful death settlements may allow families to avoid prolonged litigation while still seeking compensation. Whether through settlement or court proceedings, an experienced lawyer may advise on the best course of action depending on the facts of the case.

Contact Bernstein Law Group

Call us at 905-546-1990 or email us if you have lost a loved one due to a wrongful death in or around Hamilton, Milton, Oakville, Dundas, Brantford, Stoney Creek, Burlington, Ancaster, Cayuga, and the rest of Southern Ontario.